Balancing culture, the market, and security: A review of recent developments including EU-security measures and their effect on the European arts and art market

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

Thirty years ago the European Union (EU) adopted its initial legal instruments regarding the movement and protection of cultural objects. These measures aimed to reconcile the fundamental principle of free movement of goods among EU Member States with the preservation of objects classified as “national treasures” under Article 36 TFEU due to their artistic, historical, or archaeological significance. Recently, the EU has broadened its focus beyond safeguarding cultural objects within Member States. It has begun addressing the global challenges of combating the destruction of cultural heritage and illicit trade in cultural goods, as part of its efforts against money laundering and terrorism financing. This chapter provides a concise overview of these legislative developments, including a critical analysis of Regulation 2019/880 on the introduction and import of cultural goods and Directive (EU) 2018/843, also known as the Fifth Anti-Money Laundering Directive, thereby discussing the rising influence of EU (security) measures on the art market.
Original languageEnglish
Title of host publicationEuropean Union Economic Law and Culture
Subtitle of host publicationTowards a European culturally corrected market economy?
EditorsEvangelina Psychogiopoulou, Sarah Schoenmaekers
PublisherEdward Elgar Publishing
Pages223–242
ISBN (Electronic)9781803927138
ISBN (Print)9781803927121
DOIs
Publication statusPublished - 2024

Keywords

  • securitization
  • movement of cultural objects
  • Article 36 TFEU
  • art market
  • anti-money laundering
  • anti-terrorism financing

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